Venezuelan TPS status: Federal appeals court refuses pause

A federal appeals court on Friday blocked the Trump administration's request to suspend a lower court ruling on Venezuelan Temporary Protected Status.

The Ninth Circuit Court of Appeals denied the government's motion to pause an order issued by the District Court regarding the cancellation of TPS protections for Venezuelan nationals. If the Supreme Court does not intervene, Venezuelans who lost their TPS protections could regain their status starting November 6 while the litigation continues. The National TPS Alliance stated that the ruling clears the way for protections to be restored once the suspension period expires.

Immigration attorney José Guerrero said the core dispute has not been settled. The litigation has focused on whether to suspend the District Court's order, an issue that reached the Supreme Court. "Now, if with this the government does not appeal or the Supreme Court rejects an emergency request from the government to maintain the pause, then technically TPS is restored," Guerrero said. He noted that even if protections return, questions remain regarding how long they would remain active. "Because by law, if the Government does not announce 60 days before a termination, then it restores automatically, but it is not clear if that started from October 2 or from November 6," Guerrero said.

Guerrero stated that TPS has not yet been restored. "There is no TPS yet and we have to wait until November 6 to see if the Government appeals or we will have to wait for the decision of the Court of Appeals of the Ninth Circuit to see how TPS would be restored," he said.